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Immigration – Leave to remain. The claimant Chinese national's application for further leave to remain as a Tier 4 (General) student was refused because he failed to provide a bank statement from 24 August 2012 and only provided the statement from 28/29 August. He issued judicial review proceedings, contending that para 245AA of the Immigration Rules applied because one bank statement 'from a series' had been omitted. The Administrative Court, in dismissing the application, held that something could not be 'missing' from a sequence until the sequence itself existed, which meant that at least the start and end of the sequence had to be in evidence. As the statement constituting or evidencing the start of the sequence had been missing, para 245AA of the Immigration Rules had not been engaged.
Immigration – Leave to remain. The claimant Chinese national's application for further leave to remain as a Tier 4 (General) student was refused because he failed to provide a bank statement from 24 August 2012 and only provided the statement from 28/29 August. He issued judicial review proceedings, contending that para 245AA of the Immigration Rules applied because one bank statement 'from a series' had been omitted. The Administrative Court, in dismissing the application, held that something could not be 'missing' from a sequence until the sequence itself existed, which meant that at least the start and end of the sequence had to be in evidence. As the statement constituting or evidencing the start of the sequence had been missing, para 245AA of the Immigration Rules had not been engaged.
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